Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2020 - 20263

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.INDEPENDENCIA JUDICIAL

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    El Lawfare en el "Caso Sobornos" y el principio de Independencia Judicial
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Barona Silva, Genesis Elizabeth
    ;
    Acosta Morales, María Gabriela
    Throughout our country’s history, there have been significant criminal cases involving state authorities and public officials affiliated with their government. With this brief introduction, the purpose of this research paper is to delve into the so-called “Caso Sobornos” that arose in 2012, in which the criminal proceedings were characterized as highly publicized and influenced by political and social factors. In this regard, the so-called “lawfare” was employed in the case in question, serving as a tool used to remove his adversaries. Consequently, this research is guided by the overarching objective of analyzing this phenomenon in relation to the principle of judicial independence. A qualitative research approach was employed in this study, in which information was gathered through documentary and field research, drawing on documentary materials and interviews with experts in criminal law. Thus, with regard to the results obtained from the research, it can be noted that in high-profile criminal cases involving the prosecution of powerful government officials, the process was heavily influenced by political and social factors, while judicial independence was non-existent due to pressure from political opponents. All of the above leads us to conclude that, in our country, high-profile criminal proceedings are subject to political repercussions that alter the course of an entire nation.
  • Miniatura
    Item type:Ítem,
    Mediatización de la justicia penal y el principio de Independencia judicial Caso ´´Aidita Ati"
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Pico Chicaiza, Daniela Alejandra
    ;
    Tite, Segundo Ramiro
    This research analyzes the phenomenon of mediatization within the field of criminal justice and its impact on the principle of judicial independence, through the case study of Ecuador's "Aidita Ati" case. The widespread media coverage surrounding this case revealed the presence of communicative dynamics that, rather than merely informing the public, shaped public perception, influenced the actions of judicial operators, and constructed a parallel narrative to the formal legal process. The general objective of this study was to determine whether such mediatization affected judicial independence in the analyzed case. The study employed a qualitative, explanatory approach, using semi-structured interviews and content analysis of doctrinal, legal, and media sources. The data were organized through a triangulation matrix, allowing for the comparison of diverse sources and the construction of robust analytical categories. The findings demonstrate that mediatization negatively influenced the development of the criminal process, undermining fundamental principles such as the presumption of innocence, due process, and, most notably, judicial impartiality. A sustained media-driven pressure was identified, characterized by sensationalism, dissemination of inaccurate information, and the anticipation of verdicts, all of which constrained the autonomous exercise of judicial functions. In light of these findings, it is recommended to strengthen the legal framework governing judicial communication, promote media literacy, establish ethical protocols for journalistic coverage, and implement institutional safeguards to protect judges from external pressures.
  • Miniatura
    Item type:Ítem,
    El error inexcusable y la vulneración a la seguridad jurídica en la zona 3 del Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)
    Lascano Cevallos, Héctor Rolando
    ;
    Tite, Segundo Ramito
    The inexcusable error figure presents several problems, now in a more specific field the problem is approached from the point of view of the investigation processes that may be initiated by this very serious lack, finding that can be started by this very serious fault finding that the legal order does not clearly establish the elements that make up the inexcusable error, in this sense it is important to establish what is valued and what will be penalized at the moment of judge it. In this way, this cause contains backgrounds outside the law, circumscribing political needs. Being impossible to execute it until you have an objective definition of the figure, that is to say, is not known for sure what is and the impossibility of judging something that is not typified; in this context, the oversight report expresses, “ this causal is subject to interpretations and constitutes interference with the actions of the judges”, that is to say, the Judicial Council has reached an arbitrary power violating the Legal Security, taking into consideration the Interdiction of arbitrariness in the Spanish constitutional jurisprudence judgment number 67 of July 7, 1984, indicates the Legal Security as "the sum of certainty and legality, hierarchy and normative publicity, non-retroactivity of the unfavorable, interdiction of arbitrariness, in such a way that justice in the legal order and equality in freedom can be promoted". Effect of which judges infringe predictability and certainty essential elements in legal certainty; specifically, the certainty, according to the exposed, is violated when the judges do not interpret the legal system in a stable way and consistent is to say, they are tied and pressured to influence pass sentences, thus, making legal certainty affected. Chapter I of the investigation, the background from the doctrine and the context of the problem in the investigation is established in the introduction. In the justification, it is recognized why the investigation has been proposed. Chapter II, the state of the art is developed, that come to be the previous investigations that have been carried out based on the variables that are raised in this investigation, thus also the theoretical foundation is developed from doctrinal parameters, this will give strength and validity to the investigation. Chapter III, the methodology that will be applied throughout the research is broken down, the approaches to be applied are qualitative and quantitative, being important for the other sections of the research, the theoretical and conceptual foundation to achieve the structuring of the questionnaire and be applied to the sample identified by the population formula. Chapter IV presents the recommendations and the conclusions.